SARJUG CHAUDHRAIN Vs. DWARKA PRASAD

JUDGEMENT

(1.) THE question of law for determination in this appeal is whether the suit is barred under Article 11A of the Limitation Act because the suit was brought after one year from the date or decision of the executing court on 20-1-1948, dismissing an application of the plaintiff under Order 21, Rule 97, Code of Civil Procedure. THE application was dismissed by the executing court, first, on the ground that it was not maintainable because there was no resistance by the judgment-debtor to the delivery of possession and also on the ground that even if there was resistance the application was barred by limitation because the application was made more than thirty days from the date of resistance or obstruction. THE question depends upon the correct interpretation o Article 11A of the Limitation Act, which states as follows:

(2.) WE accordingly hold that the question of limitation has been rightly decided by the lower appellate court and there is no merit in this second appeal. WE accordingly dismiss this appeal with costs.